A. The defendant is a juristic person established with the aim of contributing to the promotion of national welfare and the development of the national economy by efficiently conducting businesses such as supporting workers’ lifelong learning and conducting workplace skill development training, and the plaintiffs are those retired while serving as the defendant's employees.

B. The Plaintiffs retired while serving as an employee belonging to the Defendant and received retirement allowances from the Defendant. The Defendant included only “basic salary, family allowance, job (duty), job allowance, part of performance-based performance-based bonus (including KRW 130,000), and self-performance bonus” in the average wage item, which is the basis for calculation of retirement allowances for the Plaintiffs, and calculated retirement allowances and paid them without including “performance salary, performance-based salary, performance evaluation performance rating, and vehicle operation support expense.”

C. As stated in the Plaintiffs, the aforementioned winning judgment became final and conclusive upon the final judgment of dismissal and dismissal of final appeal (Supreme Court Decision 2017Na57113, Supreme Court Decision 2018Da219123, Supreme Court Decision 2018Da219123, supra). Meanwhile, the difference between retirement benefits calculated without including performance-based incentives, performance-based management evaluation performance rating, and vehicle operation support expenses and retirement benefits and retirement benefits calculated by including them in the calculation of retirement benefits was recognized as being the basis for the calculation of performance-based incentives, performance-based management evaluation performance rating, and vehicle operation support expenses in the instant court. The Defendant appealed against this and appealed, but both the appellate court and the final appeal were final and conclusive by the judgment of dismissal and dismissal of final appeal (Supreme Court Decision 2018Da219123, supra).

2. Judgment on the plaintiff's assertion

(a) For civil trials, other civil cases, etc.